OceanChuck:

I write for triCity.

The first dispute I had with Asbury Partners was over the 
signatories to the redevelopment contract.  After the crippling 10 
year Carabetta bankruptcy, I didn't want to risk that again.  For 
about 18 months we were promised MD Sass as our developer.  They 
were easy enough to check out - a multi-Billion Dollar firm.  Little 
chance of a bankruptcy there.  When the contract was published 
(public had about 1 week to review) I was freaked that MD Sass was 
not a signatory. Only "Asbury Partners LLC" had the obligation of 
redevelopment.  At that time, it appeared AP Partners had no assets 
(none were made public, anyway). Although MD Sass was a memeber of 
AP LLC, a member is only liable to the extent of thier investment.  
At that point, it wasn't clear that there was anything more invested 
in the LLC than the $150.00 filing fee.

I published an article called "I want my MD Sass!"  I noted that any 
assets Asbury Partners had were actually properties held in the 
names of about 8 other companies (Catfish Holdings, LLC, Smokefish 
Holdings, LLC, etc). I encouraged the council not to sign the 
contract unless the MD Sass group of companies would sign as 
obligors to the contract, since they couldn't possibly bankrupt all 
thier extensive holdings.

Aaron countered in writing that Asbury Partners had assets because 
those 8 or so other companies were wholly owned subsidiaries of 
Asbury Partners.

I countered that if a Parent Company files for Bankruptcy, the 
assets of the wholly owned subsidiaries are not part of the 
bankruptcy estate, so Asbury Partners could go Bankrupt and keep 
their properties.

The night of the council meeting to approve the contract, I took the 
microphone and said I like the plan, but asked them not to sign 
unless the MD Sass group of companies signed on.  Aaron said they 
actually asked, but MD Sass said no.  The contract was approved.

I will say now that the further along we get, the less likely or 
problematic a bankruptcy becomes.  I think the issue is probably 
moot now because things look good and I believe Cherokee made a huge 
investment (why they needed that investment I couldn't tell you).  
Bankruptcy could have been a problem early on, but I think we are 
safe now. 

As for the second disagreement I had with them, well, I'm hesitant 
to say it on this board because you folks are going to tear me up on 
this one.

New Jersey Boardwalks today have a hook that makes them year round 
attractions.  AC obviously has gambling.  Pt. Pleasant has an 
aquarium, Ocean City has theaters, etc.

A 3 month tourist economy isn't going to work here, because Monmouth 
County isn't a tourist attraction anymore (Sea Bright, LB, Belmar 
have all gone from tourism to year round residential).  Also, 3 
month tourst boardwalks tend to create McJob type opportunites.  

So here is my idea for a year round hook - high end retail 
shopping.  Magnificent shopping.  People arn't going to come to the 
Ocean on a windy February day for popcorn and peanut stands.  They 
will for shopping that is nicer than the the malls.  Think Tiffany's 
on the Boardwalk, and the career opportunities it could make. [Side 
note: I'm an Asbury Parker that still resents what the Malls did to 
us years ago, so I would love some revenge on them]. Also, outside 
of Short Hills Mall so many miles away, there is now elegant 
shopping around here, and I think we can sustain it, with this being 
one of the richest counties in the country.

Anyway, Larry made it a point to say that such high end shopping is 
not in the plans.

If I know this board like I think I do, I have probably given many 
thier first reason to agree with Larry about something.

Sorry this was so long.  

--- In AsburyPark@yahoogroups.com, charlie leonard <[EMAIL PROTECTED]> 
wrote:
> bluebishop82,
> 
> i read most of what you said to skip there.  if you
> can summarize real quick, what dispute did you get
> into with larry fishman?  about types of business on
> the boardwalk??  what was this about?  sorry, im not
> familar with who you are either!  who do you write
> colums for?   
> 
> 
>               
> __________________________________ 
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